June 4 1. NLRB attorney, Mr. Sanfjord B. Teu III and Teamster's attorney, Mr. Frank Grayson, representing Local 886, executed stipulation agreement in Galveston case. 2. Traffic World magazine carried story on Galveston secondary boycott. June 6 1. Transport Topics, trade paper of American Trucking Associations, carried story on Galvestion secondary boycott case. June 9 1. NLRB regional office at Fort Worth and Teamster's executed formal settlement agreement in Galveston case regardless of Galveston's protest at the inclusion of clauses objectionable to Galveston and exclusion of clauses proposed by Galveston. June 10 Galveston refused to acknowledge formal settlement agreement, stating as follows: "Galveston Truck Line Corp., the charging party in the above numbered cause, expressly abstains from executing said formal agreement and objects thereto." June 10-11 1. Mr. Barry again tried to interest other nonunion motor carriers in aiding the fight against hot cargo secondary boycotts. June 17 Washington Report, trade paper of Chamber of Commerce of United States, carries story on secondary boycott. June 29 1. Galvestion forwarded formal protest to NLRB against final adoption of formal settlement agreement executed by NLRB regional office of Fort Worth and Teamster's Local 886. July 18 1. Galveston filed suit in the United States District Court for the Western District of Oklahoma against 21 motor carriers and 1 individual, charging them with conspiracy in restraint of trade or commerce under the Sherman Antitrust Act. July 29 1. NLRB stated finding of fact and issued an order to Teamster's. August 11 1. NLRB petition for enforcement of order, certificate of record, and proposed consent decree were forwarded to United States Court of Appeals for the Tenth Circuit, Denver, Colo., in Galveston case. September 9-15 1. Defendants in antitrust suit file replies with Federal court. September 16 1. Teamster's posted notices at Galveston terminals in compliance with NLRB directives of formal settlement agreement with provision that said notice shall be maintained for a period of 60 days. November 21 1. Defendant in antitrust suit filed motion for dismissal with Federal court. In hearing on motion this date the motion was denied. November 23 1. Galveston forwards to ICC convenience and necessity application for authority to transport general commodities over irregular routes in areas and between points and places in Texas, Oklahoma, and Kansas as described in sheet No. 3 attached hereto and made a part hereof. (See page 454.) STATE OF TEXAS, County of Harris: Desmond A. Barry, being duly sworn, deposes and says: That he is president of Galvestion Truck Line Corp. d/b/a Galveston Truck Lines; that he has read the foregoing statement and knows the contents thereof; that the same are true as stated, except as to matters and things, if any, stated on information and belief, and that as to those matters and things, he believes them to be true. DESMOND A. BARRY. Subscribed and sworn to before me by the affiiant above named this 23d day of November 1955. HELEN E. KNAPP, [SEAL] Notary Public in and for Harris County, Tex. ATTACHMENT No. 1 GALVESTON TRUCK LINE CORP. PRESENT OPERATING AUTHORITY Applicant is authorized under certification MC-8544 to operate as follows: IRREGULAR ROUTES Agricultural machinery and implements: From Canton and Chicago, Ill., to Oklahoma City, Okla. Automobile tires and manufactured rubber products: From Akron, Ohio to Austin, Tex., to Oklahoma City and Tulsa, Okla. Bags, bagging and ties: From Houston to Amarillo, Tex., and points and places in Oklahoma; from Galveston to points and places in the above-described Texas territory. Batteries, electric and parts thereof: From points in the Oklahoma City, Okla., commercial zone as defined by the Commission to points in Texas on and east of United States Highway 81. Batteries, electric and parts: From Indianapolis, Ind., to Oklahoma City, Okla.; from Oklahoma City to points and places in Texas on and east of United States Highway 81. Canned goods: From Friendswood to Houston, Tex. Canned goods: From Friendswood to Houston, Tex., with no transportation for compensation or return, except as otherwise authorized. Cash registers: From Oklahoma City and Tulsa, Okla., Joplin and Springfield, Mo., and points and places in the above-described territory to Dayton, Ohio. Cash registers: From points in the Oklahoma City, Okla., commercial zone, as defined by the Commission to Dayton, Ohio. Cash register paper: From Dayton, Ohio, to Houston, Tex. Cash register paper: From Washington Court House, Ohio, to Houston, Tex. Cotton and cotton linters: From Sayre and Watonga, Okla., and points and places in the above-described Texas territory to Houston. Cullet, in bulk: From points in Texas on and east of a line extending from the Oklahoma-Texas State line along United States Highway 83 to Junction United States Highway 277, thence along United States Highway 277 to the United States-Mexico boundary line at or near Del Rio, Tex., to Okmulgee, Okla. General commodities, except livestock, and except dangerous explosives, liquid commodities in bulk, articles of unusual value, and household goods, as defined in practices of motor common carriers of household goods, 17 M. C. C. 467: From Galveston to Houston, Tex. From Houston to Oklahoma City, Okla., and points and places in Texas on and east of a line beginning at the international boundary of the United States and Mexico near Del Rio, Tex., and extending along United States Highway 277 to Abilene, and thence along United States Highway 83 to the Texas-Oklahoma State line. General commodities, except livestock, dangerous explosives, liquid commodities in bulk, articles of unusual value, household goods, as defined in practices of motor common carriers of household goods, 17 M. C. C. 467, and commodities requiring special equipment: From Houston, Tex., to points in the Oklahoma City, Okla., commercial zone as defined by the Commission. General commodities, except articles of unusual value, livestock, classes A and B explosives, liquid commodities in bulk, household goods as defined by the Com mission, and commodities requiring special equipment: From Galveston, Tex., to points in the Houston, Tex., commercial zone, as defined by the Commission, except La Porte, Tex., with no transportation for compensation on return, except as otherwise authorized, and, from points in the Houston, Tex., commercial zone, as defined by the Commission, except La Porte, Tex., to Oklahoma City, Okla., and points in Texas on and east of a line beginning at the international boundary of the United States and Mexico, near Del Rio, Tex., and extending along United States Highway 277 and Abilene, Tex., to and thence along United States Highway 83 to the Texas-Oklahoma State line, with no transportation for compensation on return, except as otherwise authorized. Glass, other than glassware: From Okmulgee, Okla., to Wichita Falls, Fort Worth, and Houston, Tex. Glass and glassware: From Okmulgee, Okla., to points in Texas on and east of a line extending from the Oklahoma-Texas State line along United States Highway 83 to junction United States Highway 277, thence, along United States Highway 277, to the United States-Mexico boundary line at or near Del Rio, Tex., except Denton, Denison, Sherman, Waco, Austin, San Antonio, Wichita Falls, Houston, and Fort Worth, Tex. Glassware: From Sapulpa, Okla., to Austin, Dallas, Palestine, and Houston, Tex.; from Okmulgee, Okla., to Wichita Falls, Fort Worth, and Houston, Tex.; from Ada, Blackwell, Sand Springs, and Sapulpa, Okla., to points in Texas on and east of United States Highway 277 to Abilene, and thence along United States Highway 83 to the Texas-Oklahoma State line, except Fort Worth. Machinery, materials, supplies, and equipment, incidental to or used in the construction, development, operation and maintenance of facilities for the discovery, development and production of natural gas and petroleum: From Oklahoma City, Okla., to points and places in Texas. Machinery, used in the preparation of food products: From El Paso, Tex., points and places in Texas on and east of United States Highway 81, and Oklahoma City and Tulsa, Okla., to Troy, Ohio. Machinery, materials, supplies and equipment, incidental to or used in the construction, development, operation, and maintenance of facilities for the discovery, development and production of natural gas and petroleum: From points in the Oklahoma City, Okla., commercial zone, as defined by the Commission to points in Texas. Petroleum products, in packages: From Ponca City, Okla., to Chicago, Ill., and Evansville and Hammond, Ind. Wall paper: From Joliet, Ill., to San Antonio, Fort Worth, Dallas, and Houston, Tex.; from Coal City, Ill., to Dallas and Houston, Tex. Wool and mohair: From points and places in the above-described Texas territory to Houston and Galveston, Tex. Schedule A SHEET III From: Beaumont, Hondo, Orange, Port Arthur, Port Neches, Sugarland, and Freeport to Velasco, Tex. To: Galveston, Houston, and Texas City, Tex. Schedule B. Between: Galveston, Houston, and Texas City, Tex., on the one hand And: All points and places in the State of Oklahoma, and all points and places in the State of Kansas on and east of a line beginning at the OklahomaKansas State line at or near Kiowa, Kans., and extending along United States Highway 281 to the Kansas-Nebraska State line at or near Red Cloud, Nebr., and including Kansas City, Mo., and the commercial zone thereof, on the other, with authority to serve Dallas and Fort Worth, Tex., as intermediate points. Schedule C Between: All points and places in Oklahoma. NOTE: Applicant states that no duplication with present authority is sought. Senator JOHN SPARKMAN, APPENDIX 14 SOUTHWESTERN MOTOR TRANSPORT, INC., Senate Small Business Committee, Senate Office Building, Washington, D. C. DEAR SENATOR SPARKMAN: It is our understanding that you will conduct hearings starting November 30, 1955, and continuing through December 2, 1955, regarding the motor carrier industry, the regular route motor common carriers, and other matters pertaining to the Interstate Commerce Commission jurisdiction over the motor carrier industry. We are a regular route-motor common carrier, operating wholly within the State of Texas under authority of the railroad commission of Texas and the Interstate Commerce Commission. We have approximately 130 employees, approximately 150 pieces of equipment, and we operate 2,200 miles of certificated routes from and to San Antonio, Tex. as shown in the enclosed map of our operations. Due to circumstances beyond our control, we have not been able to operate our certificates in full conformity to the policy as outlined in the Transportation Act, so-called the Interstate Commerce Act. This has been due to the activities of the AFL Teamsters Union and we have had these activities since July 1953. The profitable operation of this or any other motor common carrier in regular route service depends on the flow of traffic to and from connecting carriers at the major points of interchange. Our major point of interchange being San Antonio, Tex. With the exception of four carriers who operate wholly within the State of Texas, all other major carriers operating into and out of San Antonio, have contracts with the AFL Teamsters Union. We are pointing this out to you so that you will understand how the secondary boycott and the use of the so-called hot-cargo clause, which is being used against this company effects our business. Enclosed with this letter is an exact reproduction of article IX of the contract between the carriers and the AFL Teamsters Union, and this article is used by both labor and management to stop the free-flow of traffic between carriers. In July 1953, the AFL teamsters union started picketing our terminals and demanded a contract, and at that time stated that they held a majority of the employees operating in pickup service and over-the-road drivers. We secured to temporary restraining order from the Texas district court for a period of 10 days. When the hearing was held at the end of 10 days, both sides agreed to have an election held by the NLRB to determine whether the AFL teamsters had a majority. The election was held on or about September 20, 1953 and the AFL teamsters received 4 votes out of 54 votes. From that time until September 16, 1954, there was no direct action against this line but a lot of underground work done by the AFL teamsters with the carriers that had contracts with them. This work was to stop the flow of traffic to our line. Sitdowns and slowdowns and other means were used to get traffic diverted to lines other than ours. As we do a lot of our total business in traffic destined to Mexico through the port of Laredo, Tex., and this traffic originates in the Middle West and eastern seaboard territory and is handled by carriers with AFL teamsters contracts into San Antonio, Tex., the union was able to materially reduce the business we handled of this nature. On September 16, 1954 several pickup and delivery men working in San Antonio, Tex., walked out and started picketing the terminal, asking for a contract with the AFL teamsters union. We were visited by their local officials and they demanded a contract. We asked that they join in a petition to the NLRB for an election which they refused to do. We secured a temporary restraining order in the Texas district court and this held for a period of 10 days. When the hearing was held at the end of this period, the cause was dismissed on the basis of the Whitfield decision. (This decision is one of the Supreme Court of Texas which states that the State courts do not have jurisdiction, but that matters of this nature are to be handles by he NLRB). Picketing was immediately resumed by the AFL teamsters. The motor carriers having contracts with this union refused to do business in the usual manner due to indirect pressure from the union. Ambulatory picketing was started by the union representatives at places of business we picked up our business from. We petitioned the NLRB for an investigation and representatives were sent to San Antonio, Tex., to investigate the charges. One of their examiners or investigators witnessed the ambulatory picketing and secured statements from all interested parties. As the NLRB was without a General Counsel for quite a period of time, it was April 26, 1955 before a hearing was held in San Antonio. This hearing lasted 2 days. This case is styled Local 657 International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America AFL and Southwestern Motor Transport, Inc., (case No. 39-CC-20). The trial examiner, Mr. Herbert Silberman, issued an intermediate report on July 29, 1955, which if made into a final order by the NLRB, would stop secondary boycott as defined by the NLRB in their decisions but would not affect the use of the "hot cargo clause" against us. We have not received a final order of the NLRB and we are informed that an order will not be issued until such a time as a Chairman is appointed by the President. On May 16, 1955 the union by its business manager notified all employers having contracts with his union that they were invoking the "hot cargo clause" against us. Photostatic copies of this notice are enclosed with this letter. We immediately lost all business that we had previously handled from these union carriers, and we also lost the opportunity to get these carriers to handle freight originating on our line destined to points beyond our line served by these carriers. This has reduced our income about 50 percent and has made it impossible to operate at a profit. For your information, our operating ratio for the first 9 months of 1955, exceeds 108. We have met with the union representatives on several occasions. We have repeatedly asked for an election and they openly state that they do not have a majority--in fact they only claim they have eight votes-but they state "you either sign or we will break you." We have also had equipment shot into, firebombed and set on fire. The teamsters union through their contacts with other unions have stopped us from doing business with certain shippers. We are practically confined to doing local business only and this business is also affected. We would appreciate if you would incorporate this information in the minutes of your hearing. If there is any other information we may be able to furnish you, please do not fail to call on us. If some relief is not granted us, small businesses such as we are, cannot survive. Yours very truly, J. C. CHANDLER, Erecutive Vice-President. [Extract] ARTICLE IX.-PROJECTION OF RIGHTS It shall not be a violation of this agreement and it shall not be cause for discharge if any employee or employees refuse to go through the picket line of a union or refuse to handle unfair goods. Nor shall the exercise of any rights permitted by law be a violation of this agreement. The union and/or its members, individually and collectively, reserve the right to refuse to handle goods from or to any firm or truck which is engaged or involved in any controversy with this or any other union; and reserve the right to refuse to accept freight from or to make pickups from, or deliveries to establishments where picket lines, strikes, walkouts, or lockouts exist. The term "unfair goods" as used in this article includes, but is not limited to, any goods or equipment transported, interchanged, handled, or used by any carrier whether party to this agreement or not, at any of whose terminals or places of business there is a controversy between such carrier or its employees on the one hand, and a labor union on the other hand; and such goods or equipment shall continue to be “unfair" while being transported, handled, or used by interchanging or succeeding carriers, whether parties to this agreement or not, until such controversy is settled. The union agrees that, in the event the employer becomes involved in a controversy with any other union, the union will do all in its power to help effect a fair settlement. The union shall give the employer written notice of all strikes and/or the intent of the union to strike any employer and/or place of business and/or intent of the members refusal to handle unfair goods. The carriers will be given an opportunity to deliver any and all freight in their physical possession at the time of receipt of notice. Any freight received by a carrier up to midnight of the |